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10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 11:05pm On Apr 27, 2018
Senate President To Perform Last Function In Recall Process Of A Senator

See for yourself, this is culled from vanguard newspaper

By Clifford Ndujihe

Section 69 of the 1999 Constitution provides 10 clear but tortuous steps on how a senator can be recalled from the Senate. The steps are:

1 More than half of the registered voters in the Senator’s senatorial district write, sign and send a petition to the Chairman of the Independent National Electoral Commission, INEC alleging their loss of confidence in the senatoria

l 2 The petition must be signed, and arranged according to polling units, wards, Local Government Areas, and constituency.

3 INEC notifies the Senator sought to be recalled, stating that it has received a petition for his or her recall, if the petition is valid

4 INEC issues a public notice or announcement stating the date, time and location of the verification of signatures to the petition

5 INEC verifies the signatures to the petition at the designation. The signatories must be individuals who appear on the voters’ register.

6 INEC conducts a referendum if more than one half (50% + 1) of the signatories are verified

7 INEC writes to the petitioners stating that the minimum requirements for a referendum were not met, if the number verified is less than one half of the registered voters in that constituency. The petition will therefore be dismissed

. 8 INEC conducts a referendum within 90 days of receipt of the petition if the minimum requirements for a referendum are met. The referendum will be a simple yes or no vote on whether the Senator should be recalled, and will be decided by simple majority of the votes of the persons registered to vote in that Senator’s constituency.

9 If majority of the voters in the constituency vote ‘yes’ the Chairman of the INEC will send a Certificate of Recall to the Senate President to effect the recall.

10 The Senate President will show affected senator the way out of the Senate.

https://www.vanguardngr.com/2016/07/10-steps-recall-senator-nigeria/

With the above if Saraki just decide not to perform the last function the whole exercise of Dinos recall is in futility.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by obi4eze(m): 11:07pm On Apr 27, 2018
He is bound by the law to do his part in the recall process.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by spartan117(m): 11:13pm On Apr 27, 2018
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'

Edit
For those of you calling me out and filling up my mentions because you percieve that my initial statement was made out of bias to Buhari let me make this clear:

Buhari must be impeached for breaching the Constitution, the Senate President should not follow suit if everyone decides to disobey the Constitution then the society will decend into anarchy and the masses will still be the one to suffer.

My loyalty lies not with any politician or political party, it lies with my country and our unborn generation.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Khd95(m): 11:15pm On Apr 27, 2018
And the ajekun iya dey for 'coma'

Karma issa biatch

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 12:41am On Apr 28, 2018
spartan117:
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'
he will simply put it in his drawer tell everyone that he will to it at the right time and may be do it on the last plenary of the 8th senate, this is because the constitution did not stipulate a timeframe for the recall

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by IgboBasthard: 3:29am On Apr 28, 2018
HAH:
he will simply put it in his drawer tell everyone that he will to it at the right time and may be do it on the last plenary of the 8th senate, this is because the constitution did not stipulate a timeframe for the recall

May be or may be not, Dino's political career is finished.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by rusher14: 4:37am On Apr 28, 2018
spartan117:
The Senate President will be breaching the provisions of the Constitution if he doesn't. He simply can't 'decide not to perform the last function'

Correct me if I'm wrong but a recall would be followed by the replacement of the deposed senator wouldn't it?

It would be criminal to prevent the constituency from having representation.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Doerstech(m): 5:45am On Apr 28, 2018
With all these steps especially signatories verification... then it will easier for camel to pass thru the needles eye than Maleye to be recalled.....

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by ashjay001(m): 6:12am On Apr 28, 2018
Doerstech:
With all these steps especially signatories verification... then it will easier for camel to pass thru the needles eye than Maleye to be recalled.....


Today, we'll know

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Nobody: 6:20am On Apr 28, 2018
I'll cut off my dickk if Saraki ratifies the Maleye's recall. It will never happen, and all senators will reject the move except Tinubu's wife, whose Husband and ACN chieftains are behind Maleye's ordeal. The senators are not mugus. There is what we can precedent. If this is allowed to happen, Buhari and his clique will use it to even recall Saraki himself...hahaha. DON'T BE FOOLED, THIS WILL NEVER EVER HAPPEN!

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by CilicMarin: 6:30am On Apr 28, 2018
[s]
Clinton9000:
I'll cut off my dickk if Saraki ratifies the Maleye's recall. It will never happen, and all senators will reject the move except Tinubu's wife, whose Husband and ACN chieftains are behind Maleye's ordeal. The senators are not mugus. There is what we can precedent. If this is allowed to happen, Buhari and his clique will use it to even recall Saraki himself...hahaha. DON'T FOOLED, THIS WILL NEVER EVER HAPPEN!
[/s]

Immediately The INEC finishes with the recall process, it will declare Dino seat vacant and another election conducted.

Dem no born Saraki well.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:04am On Apr 28, 2018
cheesy
Clinton9000:
I'll cut off my dickk if Saraki ratifies the Maleye's recall. It will never happen, and all senators will reject the move except Tinubu's wife, whose Husband and ACN chieftains are behind Maleye's ordeal. The senators are not mugus. There is what we can precedent. If this is allowed to happen, Buhari and his clique will use it to even recall Saraki himself...hahaha. DON'T FOOLED, THIS WILL NEVER EVER HAPPEN!



HAH:
he will simply put it in his drawer tell everyone that he will to it at the right time and may be do it on the last plenary of the 8th senate, this is because the constitution did not stipulate a timeframe for the recall

Once INEC withdraws his certificate of return, the police, DSS and other security agencies have the legal backing to declare him persona non grata in and around the National Assembly complex.

And with his recent altercation with the police, they'll gleefully carry out the action to the letter.

Don't forget that all the security forces manning the National Assembly report to the Executive.

INEC will also Elect a new senator to that position and issue a certificate of return to the newly elected senator. The new senator will equally present himself at the National Assembly to be sworn in as the senator for Kogi West brandishing his INEC issued certificate for all to see.

There is no where in the constitution that says the Senate has to ratify the recall process. As per the snippet posted above, the Senate President will show him the door. Either he is shown or not, does not invalidate the recall.

Either ways, it's a lose lose for Dino. What makes it more complicated for him is the fact that Saraki is reluctant to declare open war with Buhari. Saraki is being careful and it's his foot soldiers like Dino that will bite the dust.

As it is, Dino is on his own! Till all the legal battles that may arise from the recall, and the others he is presently facing are over, he'll be effectively kept away from the National Assembly. And in essence making whoever he has issues with to have achieved their objectives.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 7:15am On Apr 28, 2018
agabusta:

cheesy





Once INEC withdraws his certificate of return, the police, DSS and other security agencies have the legal backing to declare him persona non grata in and around the National Assembly complex.

And with his recent altercation with the police, they'll gleefully carry out the action to the letter.

Don't forget that all the security forces manning the National Assembly report to the Executive.

INEC will also Elect a new senator to that position and issue a certificate of return to the newly elected senator.

There is no where in the constitution that says the Senate has to ratify the recall process. As per the snippet posted above, the Senate President will show him the door. Either he is shown or not, does not invalidate the recall.

Either ways, it's a lose lose for Dino. What makes it more complicated for him is the fact that Saraki is reluctant to declare open war with Buhari. Saraki is being careful and it's his foot soldiers like Dino that will bite the dust.

As it is, Dino is on his own!
the inec cannot declare the seat vacant until the last process of recall is done which is asking the senator to step down, from the step listed inec will only send certificate of recall to the senate president, it is only when the senate president decides to do his role that the process is complete and a bye election is conducted

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:22am On Apr 28, 2018
HAH:
the inec cannot declare the seat vacant until the last process of recall is done which is asking the senator to step down, from the step listed inec will only send certificate of recall to the senate president, it is only when the senate president decides to do his role that the process is complete and a bye election is conducted

Read the process again.

Once INEC withdraws his certificate, he is no longer a senator. It is after INEC withdraws his certificate that they will inform the Senate President that somebody over there with you is no longer a senator.

INEC withdrawing his certificate comes before the role played by the Senate President. Once his certificate is withdrawn, legally speaking, he is no longer a senator and can be barred from the hallowed chambers.

In this particular scenario, the power of recall is with INEC, not the Senate President.



Section 68 (1) (h) of the Constitution (as amended) provides that a member of either of the Houses shall vacate his seat if “the President of the Senate or, as the case may be, the Speaker of the House of Representatives, receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of Section 69 of this Constitution have been complied with in respect of the recall of a member”.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 7:31am On Apr 28, 2018
agabusta:


Read the process again.

Once INEC withdraws his certificate, he is no longer a senator. It is after INEC withdraws his certificate that they will inform the Senate President that somebody over there with you is no longer a senator.

INEC withdrawing his certificate comes before the role played by the Senate President. Once his certificate is withdrawn, legally speaking, he is no longer a senator and can be barred from the hallowed chambers.

In this particular scenario, the power of recall is with INEC, not the Senate President.
there is no where in the process above where inec withdraws certificate of return, there role only ends at issuing the senate president certificate of recall, it is senate president that will finally effect recall at plenary or otherwise

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 7:34am On Apr 28, 2018
By Uche Anichukwu

I have followed the mixed opinions on the comments by the Deputy President of the Senate, Senator Ike Ekweremadu on how very difficult it will be to recall Senator Dino Melaye from the Senate. Some claim that the 1999 as amended does not envisage any role for debate in the entire process. However, this position is constitutionally flawed.

The problem is that many people just read Section 69 of the Constitution and end it there.

Beside being a senior lawyer, Ekweremadu chaired the National Assembly Committee that midwifed the amendments regarding the recall process. So, if he does not understand the position of the Constitution on the recall process, then I just wonder.

Section 69 of the 1999 Constitution is not the only Section that guides the process of the recall of a member of the Senate or the House of Representatives.

Section 69 (a) stipulates that a petition shall be signed by at least one-half of persons registered to vote in the member’s constituency, alleging loss of confidence in that member. It also stipulates that the INEC shall verify the signatures.

Then, if INEC is satisfied that the signature are authentic, then the Commission goes to effect Section 69 (b), which is the conduct of a referendum within ninety days of the date of the receipt of the petition. A simple majority of votes of persons registered to vote in the member’s constituency is required for the recall to pass.

But, that is not the end of the matter because this Section goes hand-in-hand with Section 68 of the Constitution. Section 68 (1) lists conditions based on which a member of the Senate or the House of Representatives shall vacate his seat in the House of
which he is a member. One of the conditions is recall of a member.

Then, Section 68 (1) (h) of the Constitution (as amended) provides that a member of either of the Houses shall vacate his seat if “the President of the Senate or, as the case may be, the Speaker of the House of Representatives, receives a certificate under the hand of the Chairman of the Independent National Electoral Commission stating that the provisions of Section 69 of this Constitution have been complied with in respect of the recall of a member”.

But Section 68 (2) further provides that “The President of the Senate or the Speaker of the House of Representatives, as the case may be, shall give effect to the provisions of subsection (1) of this Section, so however that the President of the Senate or the Speaker of the House of Representatives or a member shall first present evidence satisfactory to the House concerned that any of the provisions of that subsection has become applicable in respect of that member”.

So, the key words and phrases in Section 68 (2) are ‘give effect’ and ‘satisfactory evidence’.

It simply implies that if no effect is given by the President of the Senate, it ends as an academic exercise. And if the evidence given is not satisfactory to the Senate; if majority of the Senators vote “Nay” when Saraki puts to question if they were satisfied with the evidence presented by INEC (which Senators are also at liberty to consider in the context of the integrity of the processes that led to the the evidence), how does the Senate President bring it to effect? It ends up, as Ekweremadu put it “an effort in futility”, the hundreds of millions spent on it by INEC notwithstanding.

In the meantime, Senator Dino has alleged that even the name of a dead former governorship aspirant in Kogi as well as his uncles’ names were listed and signatures appended to them in the petition to INEC asking for his recall. That alone could bring the integrity of the process to question.

All these are captured in Section 3 of the 1999 Alteration Act, perfected by 6th National Assembly and signed into law as part of our Constitution (as amended) and signed into law by former President Goodluck Jonathan.

Thus, it would have been better if people sift through or interrogate the Constitution rather than just rely on their emotions or just read one part and go to town with it.

In summary, Ekweremadu meant that the recall of a legislator is akin to impeachment of an executive office holder. If it is not rigid, it will be abused, especially in a political environment like ours. Thus, while impeachment, not the ones done by abuse of power, law enforcement agencies, and other critical institutions of democracy, is not impossible, it is very difficult if the rules are religiously observed.

Meanwhile, I believe that the end result of the attempt to recall Senator Dino will prove Ekweremadu right or wrong. It is not a matter of emotions. It is about the law, the grundnorm for that matter.

Anichukwu is an Aide to the Deputy President of the Senate

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:37am On Apr 28, 2018
HAH:
there is no where in the process above where inec withdraws certificate of return, there role only ends at issuing the senate president certificate of recall, it is senate president that will finally effect recall at plenary or otherwise

Either ways, the issuance of a certificate of recall presupposes that his certificate of return has been invalidated. It is same thing.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by CilicMarin: 7:38am On Apr 28, 2018
HAH:
there is no where in the process above where inec withdraws certificate of return, there role only ends at issuing the senate president certificate of recall, it is senate president that will finally effect recall at plenary or otherwise

Mr. Man, Senate President's role in the recall process is just ceremonial. Before the INEC issues the Senate President Certificate of Recall, it must have withdrawn the Certificate of return.

Why do you think Dino is running to courts to stop the process? angry

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:41am On Apr 28, 2018
HAH:
By Uche Anichukwu

I have followed the mixed opinions on the comments by the Deputy President of the Senate, Senator Ike Ekweremadu on how very difficult it will be to recall Senator Dino Melaye from the Senate. Some claim that the 1999 as amended does not envisage any role for debate in the entire process. However, this position is constitutionally flawed.

Anichukwu is an Aide to the Deputy President of the Senate

Biased opinion.

You still don't get it right? Once INEC completes their process and it is not in favour of Dino, police will move in and ensure his shadow doesn't get close to the National Assembly.


Before all the cases will get resolved, the 8th senate would have been over.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 7:45am On Apr 28, 2018
CilicMarin:
[s][/s]

Immediately The INEC finishes with the recall process, it will declare Dino seat vacant and another election conducted.

Dem no born Saraki well.

My dear it is the SP that will declare the seat vacant and not INEC.Besides Melaye will claim the process was flawed and go to court again.The SP will defer till the end of the court case

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:46am On Apr 28, 2018
Chuksonyeike:

My dear it is the SP that will declare the seat vacant and not INEC.Besides Melaye will claim the process was flawed and go to court again.The SP will defer till the end of the court case

There is nothing like 'declaring seat vacant' during the recall process.

It is only when a legislator switches party that the constitution talks about the Speaker/Senate President declaring such seat vacant.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 7:46am On Apr 28, 2018
agabusta:


Biased opinion.

You still don't get it right? Once INEC completes their process and it is not in favour of Dino, police will move in and ensure his shadow doesn't get close to the National Assembly.


Before all the cases will get resolved, the 8th senate would have been over.

Easier said than done.It is the SP that will complete the recall process of a senator and not INEC

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 7:47am On Apr 28, 2018
CilicMarin:


Mr. Man, Senate President's role in the recall process is just ceremonial. Before the INEC issues the Senate President Certificate of Recall, it must have withdrawn the Certificate of return.

Why do you think Dino is running to courts to stop the process? angry
a process boldly written as number 10 in section 69 of the constitution cannot be deemed ceremonial, the fact is the senate president is the person that will finally effect recall
Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by CilicMarin: 7:51am On Apr 28, 2018
Chuksonyeike:

My dear it is the SP that will declare the seat vacant and not INEC.Besides Melaye will claim the process was flawed and go to court again.The SP will defer till the end of the court case

Senate President under any circumstances has no power to declare any Senator's seat Vacant.

Just Roll back your Seat and wait, immediately the INEC finishes with the Recall Process and issues Certificate of Return, it will commence the process to fill the vacant post, while the Security agencies will prevent Dino Melaye from gaining acess to the Chambers.

Dino's case has been concluded, sealed and delivered. There is nothing a 1000 Saraki's can do to help him. grin

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by Chuksonyeike: 7:55am On Apr 28, 2018
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News
Melaye’s recall: Petitioners must convince Senate or process is futile – Ekweremadu



The Deputy President of the Senate, Ike Ekweremadu, has said that the ongoing move to recall Senator Dino Melaye would be an exercise in futility if those orchestrating his recall fail to convince lawmakers why the senator should be recalled.

Making his contribution on a point of order raised by Senator Melaye to notify the Senate of the ill-motivated recall moves, Ekwerenmadu urged to Senate not to dissipate effort on a process that is tantamount to a waste of time.

While listing the procedure involved in recalling a senator, The Deputy President of the Senate said that section 69 of the 199 Constitution as amended, those who signed the recall register would have to come out and line up to verify their signatures.

He said that an amendment to the process of recall was effected in 2010 adding that those behind the purported recall of Senator Melaye were only relying on the section of the constitution without the amendment.

He went on to stress that the reason for the amendment was to ensure that state governors do not become so powerful such that they could not be criticised by their representatives in the National Assembly.

He added that after the verification and other relevant processes, they would still have to convince the lawmakers on why the Senator needed to be recalled.

Earlier while raising the point of order, Melaye said that the recall register was signed by persons who have already been declared dead, adding that some people have even come out to deny their signatures.

He went on to say that some of those who purportedly signed the register were deceived into signing by the State governor who is the mastermind of the recall.

He said, “The names and signatures on the recall register was forged by Kogi state officials and Governor Yahaya Bello is the one sponsoring the recall for malicious purposes.

“The total score of both valid and invalid vote of nine candidates is 118,000 but my governor and his appointees in four days claimed that they got over 188,000 signatures.

“Nowhere in my constituency did they sit to receive people’s signatures, they got INEC database for registered voters and copied in one handwriting and forged all the signatures.
“As I speak to you, I have over 120 death certificates issued by the National Population Commission, and these people’s relatives and families have sworn to affidavits but the names of all these dead people appeared on the recall register submitted to INEC.

“Mr President, 116 of my constituents have also sworn to affidavits that their names and signatures appeared on the recall register and they were not the ones that signed it.

“Over 86 of my constituents have stated that they were approached that the government wanted to carry out a fertiliser empowerment programme and requested for their PVCs and were thereby deceived into putting their names on the register.

“All these affidavits have been submitted to INEC and the court,” he said.

Melaye stressed that the reason why he had come to the chamber was to alert it to the situation whereby a senator would call for an ameliorative measure in his state and they would request his recall.

He said that his only sin was that he asked the governor to pay 17 months salary and pension to workers who deserve their wages.

He stressed that it was wrong for the state to be spending so much money on the recall process when such money can pay salaries and allowances.

The senator, therefore, called on his colleagues to ensure that they do not allow a wrong precedence to be set in a democratic setting like Nigeria.

http://www.punchng.com/melayes-recall-petitioners-must-convince-senate-or-process-is-futile-ekweremadu/

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by agabusta: 7:56am On Apr 28, 2018
Chuksonyeike:


Easier said than done.It is the SP that will complete the recall process of a senator and not INEC

The same way the Senate President was there to stop them from cuffing his hands to hospital bed? grin

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by dinachi(m): 8:00am On Apr 28, 2018
HAH:
there is no where in the process above where inec withdraws certificate of return, there role only ends at issuing the senate president certificate of recall, it is senate president that will finally effect recall at plenary or otherwise
You are wrong! The constitution says the moment Senate President 'RECIEVES' the recall letter from INEC Chairman Dino ceases to be a Senator.

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Re: 10 Steps To Recall A Senator In Nigeria: Senate President Performs Last Function by HAH: 8:04am On Apr 28, 2018
dinachi:

You are wrong! The constitution says the moment Senate President 'RECIEVES' the recall letter from INEC Chairman Dino ceases to be a Senator.
it will be good if you can tell us the section of the constitution that states that , and if possible post the section for all to see since the constitution is available online

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